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EC Action: Adoption

Volume 460: debated on Tuesday 22 May 2007

To ask the Secretary of State for Foreign and Commonwealth Affairs if she will make a statement on the recognition of adoption orders in the Council of Europe. (138328)

A number of member states of the Council of Europe are contracting states to the 1993 Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption. The UK ratified the Hague Convention in 2003. The Hague Convention applies only to intercountry adoptions and requires all contracting states to recognise adoptions that are made in accordance with the convention.

In respect of adoptions to which the Hague Convention does not apply, or where a Council of Europe member state is not a party to the Hague Convention, it is a matter for individual Council of Europe member states whether to recognise adoptions made outside their jurisdiction.

The Council of Europe 1967 European Convention on the Adoption of Children aims to harmonise the laws in contracting states to promote the welfare of children who are adopted. However, the convention does not provide for international recognition of adoptions made in the UK, or in any other country. It is a matter for each contracting party to the convention to decide whether to recognise adoptions made outside its jurisdiction. The UK denounced the 1967 convention in respect of the metropolitan territory and the Isle of Man in 2005 and remains a party only in respect of the Bailiwicks of Jersey and Guernsey.

To ask the Secretary of State for Foreign and Commonwealth Affairs if she will make a statement on the recognition of British adoptions in other European Union countries. (138329)

A number of member states of the EU are contracting states to the 1993 Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption. The UK ratified the Hague Convention in 2003. The Hague Convention applies only to intercountry adoptions and requires adoptions that are made in accordance with the convention to be recognised in all contracting states.

In respect of adoptions to which the Hague Convention does not apply, or where a EU member state is not a party to the Hague Convention, it is a matter for individual EU member states whether to recognise adoptions made outside their jurisdiction.

To ask the Secretary of State for Foreign and Commonwealth Affairs what response the Government have made to the Council of Europe's ruling on case no. 5913/72, on recognition of adoptions. (138330)

Case 5913/72 was brought against Ireland in 1972. The European Commission of Human Rights declared this case inadmissible on 18 December 1973. It is not for the Government to respond to cases relating to other Council of Europe member states.

To ask the Secretary of State for Foreign and Commonwealth Affairs what representations the Government have made to the Council of Europe about the recognition of British adoptions abroad. (138332)

The Council of Europe 1967 European Convention on the Adoption of Children aims to harmonise the laws in contracting states to promote the welfare of children who are adopted. However, the Convention does not provide for international recognition of adoptions made in the UK, or in any other country. It is a matter for each contracting party to the Convention to decide whether to recognise adoptions made outside its jurisdiction. The UK denounced the 1967 Convention in respect of the metropolitan territory and the Isle of Man in 2005 and remains a party only in respect of the Bailiwicks of Jersey and Guernsey.

The Government have not therefore made any representations to the Council of Europe about the recognition of British adoptions abroad.

A number of member states of the Council of Europe are contracting states to the 1993 Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption. The UK ratified the Hague Convention in 2003. The Hague Convention applies only to inter-country adoptions and requires all contracting states to recognise adoptions that are made in accordance with the Convention.

In respect of adoptions to which the Hague Convention does not apply, or where a Council of Europe member state is not a party to the Hague Convention, it is a matter for individual Council of Europe member states whether to recognise adoptions made outside their jurisdiction.